If you want to immigrate to the US, you may be able to receive a visa and green card through a work visa program, such as an EB4 visa. You could be eligible for a EB4, fourth preference visa if you are a defined as a ‘special immigrant’ that includes religious workers, special immigrant juveniles, specific broadcasters, certain retire officers, certain government employees, US armed forces members, certain physicians, or noncitizens who have offered information about a criminal enterprise.
Some EB4 applicants need their employer to file a Form I-360, Petition for Ameriasian, Widower, or Special Immigrant. You must self-petition for other categories of this visa, and other categories do not require the I-360.
Requirements For an EB4 Visa
To get your EB4 visa, you need to have a valid job offer from your US employer and it cannot be seasonal or part time. Second, you must have the job in your occupation and job offers that are from companies outside your field will not qualify. For the employer, it must prove that they have financial stability and can hire foreign workers. Those who do not meet the qualifications cannot apply for this visa or they cannot accept applicants.
Applying For the EB4 Visa
The process is in two parts and it involves the employer and the applicant. First, the employer has to petition for the workers to USCIS. Second, after approval, you have to apply for the EB4 visa at an embassy or consulate in your home country.
The US employer must have permission from USCIS to hire you, which is done with the I-360 mentioned earlier. The form has sections that the company must complete and provide relevant documents, such as tax forms, financial statements, and audit documents.
Also, if a broadcaster wants to get this visa, you must submit the petition to the US Broadcasting Board of Governors. The broadcaster must work in media.
After your employer submits the application, USCIS will review it and let you know of their decision. If the employer is approved, the case is sent to the National Visa Center. If it is not approved, the company is not allowed to hire you and other workers.
If the National Visa Center gets the case, it is given a case number. They will send the worker a package in your home country with forms and instructions on how to apply. But note that the EB4 visa is capped every year, so this only happens if your priority date is current. When the NVC sends you the package, they will begin the application at the US consulate or embassy in your home country.
What Documents Do You Need to Apply for An EB4 Visa?
If the NVC approves your case, you need to send several supporting documents that may include:
Your passport
Employment offer from a US-based employer
Approved visa petition
Medical and vaccine records
Resume
Criminal and court records, if any
Two photographs
Any diplomas and certificates
Next, you will need to go to a visa interview at the American embassy or consulate. The questions are usually about your background and why you want to immigrate and get a green card.
How Long Does It Take to Process an EB4 Visa?
There is a limit on EB4 visa annually, so the processing time can be long. Some people wait only a few months or a year to get their visa, but others may have to wait much longer. It depends on when you applied and when your priority date is current. USCIS will let you know when you can start the application process.
If you have questions about the EB4 visa and whether it is appropriate for you, speak to your immigration attorney.